HomeMy WebLinkAbout8. Affordable Housing Plan
Otay Ranch Planning Area 12
Freeway Commercial North
Affordable Housing Program
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TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................................................................... 5
A. Purpose and Content ............................................................................................................................................... 5
B. Needs Assessment ................................................................................................................................................... 5
II. FC-2 AFFORDABLE HOUSING OBLIGATION, LOCATION, PHASING, DESIGN AND UNIT MIX ............................................................... 9
A. Obligation ................................................................................................................................................................ 9
B. Types of Affordable Housing .................................................................................................................................... 9
C. Location .................................................................................................................................................................... 9
D. Phasing 10
E. Design 10
F. Unit Mix by Bedroom Count ................................................................................................................................... 11
III. AFFORDABLE HOUSING RESTRICTIONS .................................................................................................................................. 12
A. Income Eligibility .................................................................................................................................................... 12
B. Affordable Monthly Rents ...................................................................................................................................... 12
C. Affordable Housing Costs for Owner Occupied Housing .......................................... Error! Bookmark not defined.
D. Underwriting Requirements .................................................................................................................................. 15
E. Resale Provisions of Owner Occupied Housing ...................................................................................................... 15
F. Term of Affordability Restrictions .......................................................................................................................... 16
IV. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS ........................................................................................................... 18
A. Density Bonus ........................................................................................................................................................ 19
V. COMPLIANCE REPORTING ................................................................................................................................................... 20
A. Rental Units’ Compliance Packet and Audit.............................................................. Error! Bookmark not defined.
B. Home Ownership Units’ Compliance Packet ......................................................................................................... 20
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VI. AFFIRMATIVE MARKETING PLAN ......................................................................................................................................... 22
VII. IMPLEMENTING AGREEMENTS AND CONDITIONS ....................................................................... ERROR! BOOKMARK NOT DEFINED.
VIII. DEFINITIONS ................................................................................................................................................................. 23
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EXHIBIT LIST
EXHIBIT 1A SUPPLEMENTAL RENTAL APPLICATION ........................................................................................... 25
EXHIBIT 1B APPLICANT’S STATEMENT ............................................................................................................ 26
EXHIBIT 2A SEMI-ANNUAL REPORT ................................................................................................................ 27
EXHIBIT 2B SEMI-ANNUAL AFFORDABLE HOUSING MONITORING REPORT ........................................................... 28
EXHIBIT 2B SEMI-ANNUAL AFFORDABLE HOUSING MONITORING REPORT ........................................................... 29
EXHIBIT 3 HOMEBUYER’S QUALIFYING FORM .................................................................................................. 30
EXHIBIT 4 CITY REQUIREMENTS FOR AFFIRMATIVE MARKETING PLAN .................................................................. 31
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I. INTRODUCTION
A. PURPOSE AND CONTENT
The purpose and intent of this Affordable Housing Program (AHP) is to
encourage the development of diverse and balanced neighborhoods with a
range of housing opportunities for all identifiable economic segments of the
population, including households of lower and moderate income consistent
with the City’s housing policies and needs as specified in its General Plan
Housing Element. The intent is to ensure that when developing the limited
supply of developable land, housing opportunities for persons of all income
levels are provided. The provision of this AHP establish standards and
procedures that will encourage the development of housing affordable to low
and moderate-income households within the Sectional Planning Area (SPA)
and are to be consistent with the Housing Element’s Balanced Communities
Policy and the adopted Guidelines.
The AHP identifies the type and location of affordable housing units to be
provided, potential subsidies or incentive programs, income restrictions and
methods to verify compliance. The program may be implemented through
various mechanisms including development agreements, tentative map
conditions, and specific housing project agreements that may include
additional terms and conditions, consistent with this program.
B. NEEDS ASSESSMENT
According to SANDAG’s 2050 Regional Growth Forecast, Chula Vista is
expected to gain 42,828 new residents by 2020 and 57,305 more by 20501.
That translates to an increase of 10,679 new households by 2020 and 18,408
more households by 2050. Chula Vista has second highest growth rate in the
County of San Diego. The characteristics of the City’s population, housing, and
employment that affect its housing goals, policies and programs include:
• The population has more diversity in race/ethnicity than the region, in
that 60% of residents identified themselves as Hispanic or Latino.2
Asian population comprises 14%, and white, non-Hispanic population
represents 20% as of 2010.
• The City’s average household size is increasing. In 2010, Chula Vista’s
average household size was 3.21 compared to 2.75 average household
size in San Diego County.
• The City’s diverse employment base will grow by more than 78%
between 2010 and 2050. In 2010, nearly 30% of the labor force were
in the retail or service industry, where lower pay scales predominate.
• In 2010, about 43% of the households fell into the low-income
category. Of these households, 25% rare very low.
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• The estimated average age in Chula Vista is 34.3 years. According to
the 2010 Census, a majority of the City’s population were between the
ages of 21 to 64. By 2030, the forecasted average age is over 40, with
an increase of age groups above 55.
• The U.S. Census reported a total of 79,416 housing units in the City of
Chula Vista in 2010. In Eastern Chula Vista, the housing market is
predominated by single-family housing (83 %).
The City has two sets of numerical housing goals established by SANDAG,
which are also addressed in the City’s General Plan Housing Element: the City’s
share of the region’s future housing needs (regional share goals) and the
Quantified Objectives for Affordable Housing Production. The total regional
share goal is 11,315 new housing units by 2020, with 50% or 5,648 units
needed for very low- and low-income households.
According to San Diego Association of Government’s (SANDAG) Preliminary
2050 Cities/Counties Forecast, Chula Vista is expected to gain 94,454 new
residents and 28,755 new households. Furthermore, SANDAG, through its
Regional Housing Needs Allocation, estimated that based on anticipated
economic growth for the period beginning January 1, 2010 to December 31,
2020, the City would experience a demand for 12,861 new housing units, of
which 5,648 new housing units affordable to low and very low-income
households and 2,257 new housing units for moderate income households.
To encourage the development of adequate housing to meet the needs of low
and moderate-income households and to further geographic and community
balance, the City’s adopted Housing Element provides for a Balanced
Community Policy, requiring ten percent (10%) affordable housing for low and
moderate-income households within developments of fifty (50) or more
residential units. This inclusionary housing program will serve as only one
component of the City’s overall housing strategy and will complement other
affordable housing efforts, including preservation of existing assisted housing,
development of new assisted housing with public subsidies, first-time
homebuyer assistance, and rehabilitation loans for low income homeowners.
The City does find that such inclusionary housing policy is beneficial to
increasing the supply of housing affordable to households of lower and
moderate incomes and to meet the City’s regional share of housing needs
given the demographics of the community and its needs, past housing
production performance, and the existing opportunities and constraints as
detailed in its Housing Element.
The current characteristics of the City’s population, housing, employment,
land inventory, and economic conditions, that affect its housing goals, policies
and programs include:
The population has more diversity in race/ethnicity than the region, in
that 60% of residents identified themselves as Hispanic or Latino.1 Asian
1 Housing Element of the General Plan. April 23, 2013
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population comprises 14%, and white, non-Hispanic population
represents 20% as of 2010. This compares to 32 percent, 11 percent, and
48 percent, respectively, for the region as a whole.
Chula Vista residents have household income characteristics that nearly
match the regional median.
There is a disparity in household median income for those households
living west of Interstate-805 ($47,969) and east of Interstate-805
($86,032).
One in every 4 households earn less than $35,000 per year.
Household size is slightly larger than the region, at 3.21 persons per
household compared to 2.75 per household for the region.
Seniors, aged 65 years or older, comprise 18% of the total households.
Housing west of Interstate-805 was built primarily before 1980 (32%
before 1960 and 50 % between 1960-1980). Housing east of Interstate-
805 was built after 1980, with 41 % built between 1980-2000, and 50%
built after 2000.
Housing types are diverse west ofl-805, with 41 % multifamily housing and
48% single family housing. Single family homes comprise the majority of
housing available east ofl-805 (82% of housing).
A home ownership rate of 58.1 percent is slightly above as the region's
rate of 54 percent.
The median housing cost (resale) in 2018 of $589,000 is higher than the
region's median cost of $550,000.
The well-established neighborhoods and master planned neighborhoods
create different opportunities and require a different set of policies and
programs to address housing needs. The amount of land in the City
available for new residential development is severely limited by
geography and size. The largest supply of vacant developable land is
planned for master planned communities. The City has two sets of
numerical housing goals established by SANDAG, which are also
addressed in the City’s General Plan Housing Element: the City’s share of
the region’s future housing needs (regional share goals) and the
Quantified Objectives for Affordable Housing Production. The total
regional share goal is 11,315 new housing units by 2020, with 50% or
5,648 units needed for very low- and low-income households.
Chula Vista faces a growing shortage of housing that is affordable to a wide range of
our population and needed for a healthy functioning housing market. This lack of
affordable housing is detrimental to the health, safety and welfare of the City's
residents. Employees may be forced to live in less than adequate housing within the
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City, pay a disproportionate share of their incomes to live in adequate housing
within the City or commute increasing distances to their jobs from housing located
outside the City. The City's Balanced Communities Policy can enhance the public
welfare by increasing the supply of housing affordable to households of lower and
moderate-income incomes in a balanced manner and thereby combating the
adverse effects to the City due to an insufficient supply of affordable housing.
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II. FC-2 AFFORDABLE HOUSING OBLIGATION, LOCATION, PHASING,
DESIGN AND UNIT MIX
A. OBLIGATION
The City of Chula Vista Housing Element and the Otay Ranch GDP provide that
ten percent of the total units will be affordable to low and moderate-income
households. Of the ten percent, five percent must be affordable to low
income households and five percent must be affordable to moderate income
households. In calculating the required number of affordable units, fractional
units may result and may either be provided as one additional affordable unit
or paid as a partial in-lieu fee equal to the resulting fraction.
The estimated Freeway Commercial North (FC-2) affordable housing unit
obligation is based on the FC-2 SPA entitlement authorization of 600 900 units
within the Village. The affordable units required for FC-2 are 30 45 low
income and 30 45 moderate-income affordable units.
B. TYPES OF AFFORDABLE HOUSING
The housing policies established in the City of Chula Vista Housing Element
advocate a broad variety and diversity of housing types. The affordable
housing obligations of FC-2 will be met through a combination of housing
types including rental and “for-sale” housing. In general, low-income housing
needs will be satisfied through the provision of rental units. Depending upon
the availability of adequate subsidies, incentives or other financing assistance,
a limited number of "for-sale" multi-family housing units affordable to low
income households may be available as well. Housing opportunities to meet
the needs of moderate income households will be provided through a
combination of market-rate rental units as well as “for-sale” housing in
medium-high to higher density developments.
C. LOCATION
The location of affordable housing developments shall take into consideration
proximity to and availability of the following:
• Existing or proposed public transit facilities or transportation routes;
• Existing or proposed community facilities and services, such as
shopping, medical, child care, recreation areas and schools; and
• Existing or future employment opportunities.
Affordable housing units required for FC-2 may be located either within or
outside the plan area. Affordable housing to accommodate low-income
households may be provided within rental housing developments. “For-sale”
units affordable to moderate income households may be available as well.
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Consideration of location will be made on a case-by-case basis. Evaluation of
alternate locations should include an analysis of the specific benefit to be
gained from development of such replacement site, including such factors as
an increase in the number of affordable units, deeper affordability levels, or
the earlier satisfaction of the affordable housing requirement.
Identification of potential target sites in this Affordable Housing Program
describes one way in which the FC-2 affordable housing obligation might be
met, and is not meant to require that affordable units be constructed on any
specific sites nor to preclude other alternatives. Such alternatives might
include, by way of example, the aggregation of rental housing affordable to
low-income households within the mixed-use site, or as a separate component
of another development site. A final determination as to the location and type
of the affordable housing sites will occur with subsequent entitlements,
approvals and agreements.
D. PHASING
Development of FC-2 will be completed in multiple phases to ensure
construction of necessary infrastructure and amenities for each phase as the
project progresses. The Phasing Plan is non-sequential. This recognizes that
sequential phasing is frequently inaccurate due to unforeseen market changes
or regulatory constraints. Therefore, the FC SPA Plan and Public Facilities
Finance Plan (PFFP) permit non-sequential phasing by imposing specific
facilities requirements for each phase to ensure that FC-2 is adequately served
and City threshold standards are met.
Detailed schedules and building permit stipulations for the construction of
affordable units in relation to other market rate units will be established
through the initial Affordable Housing Agreement. The Affordable Housing
Agreement must be in place prior to the approval of the first Final Subdivision
Map.
The Developer shall diligently pursue completion of the construction of the
low and moderate income housing units as per the implementation schedule
established by the initial Affordable Housing Agreement.
E. DESIGN
Affordable housing shall be compatible with the design and use of the market
rate units, in terms of appearance, materials, and finish quality. The developer
shall have the option of reducing the interior amenities, levels and square
footage of the affordable units.
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F. UNIT MIX BY BEDROOM COUNT
The affordable units shall have an overall unit mix by bedroom count which
reflects the appropriate community need and shall be comparable to the unit
mix by bedroom count of the market rate units in the residential
development.
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III. AFFORDABLE HOUSING RESTRICTIONS
A. INCOME ELIGIBILITY
To determine the eligibility of a household for the low and/or moderate
income housing unit, the household purchasing or renting the affordable unit
must qualify as a lower income/moderate income household, as established
by and amended from time to time pursuant to Section 3 of the United States
Housing Act of 1937, as published by the U.S. Department of Housing and
Urban Development (HUD), and as also provided in California Health and
Safety Code Sections 50079.5 and 50105.
B. AFFORDABLE MONTHLY RENTS HOUSING COSTS
For rental housing, compliance with the affordable housing requirements is
determined by verifying that the total rent cost paid by the tenant is considered
affordable as defined below. To determine affordable rent costs, monthly
“Affordable Rent” includes all actual or projected monthly payments for the
following 2:
Use and occupancy of a housing unit and the associated land and facilities;
Any separately charged fees and service charges assessed by the lessor which
are required by all tenants but is not to include security deposits;
A reasonable allowance for utilities (including garbage collection, sewer, water,
electricity, gas and other heating, cooking, and refrigeration fuels but not to
include telephone service, cable TV, or high speed modem) as defined by the
Federal Regulations for the Tenant Based Rental Assistance Program; and,
Possessory interest taxes or other fees and charges assessed for use of the
associated land and facilities by a public or private entity other than the lessor.
Affordable monthly rent is not to exceed following calculations:
Very Low Income:
50 percent (50%) of the Area Median Income (AMI) for San Diego County,
adjusted for household size appropriate for the unit, multiplied by 30 percent
(30%) and divided by 12.
Low Income:
80 percent (80%) of the Area Median Income (AMI) for San Diego County,
adjusted for household size appropriate for the unit, multiplied by 30 percent
(30%) and divided by 12.
2 25 California Code of Regulations Section 6918
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Moderate Income:
120 percent (120%) of the area median income (AMI) for San Diego County,
adjusted for household size appropriate for the unit, multiplied by not more
than 35 percent (35%) and divided by 12.
Should subsidized financing and other incentives from a public agency be proposed
and obtained, the monthly affordable rent shall be dictated by such program or
granting Agency. If no affordable rent is specified, affordable monthly rents shall be
established in accordance with Section 50053 of the California Health and Safety
Code.
The allowable housing expense paid by a qualifying household shall not exceed a
specified fraction of the gross monthly income, adjusted for household size, for the
following classes of housing:
Very Low Income rental and for-sale units:: 30 percent of the gross monthly
income, adjusted for household size, at 50 percent of the Area Median Income
(AMI) for San Diego County, or as provided in Section 50053 (b)(2) and 50052.5
(b)(2) of the California Health and Safety Code
Lower Income, rental units: 30 percent of the gross monthly income, adjusted for
household size, at 60 percent of the Area Median Income (AMI) for San Diego
County, or as provided in Section 50053 (b)(3) of the California Health and Safety
Code.
Lower Income, for-sale units: 30 percent of the gross monthly income, adjusted for
household size, at 70 percent of the Area Median Income (AMI) for San Diego
County, or as provided in Section 50052.5 (b)(3) of the California Health and Safety
Code.
Moderate Income, rental units: 30 percent of the gross monthly income, adjusted
for household size, at 110 percent of the Area Median Income (AMI) for San Diego
County, or as provided in Section 50053 (b)(4) of the California Health and Safety
Code.
Moderate Income, for-sale units: 35 percent of the gross monthly income, adjusted
for household size, at 110 percent of the Area Median Income (AMI) for San Diego
County, or as provided in Section 50052.5 (b)(4) of the California Health and Safety
Code.
To determine the "Allowable housing expense" include all of the actual or projected
monthly or annual recurring expenses required of a household to obtain shelter.
1. For a for-sale unit, allowable housing expenses include payments for
principal and interest on a mortgage loan, including any loan insurance fees,
property taxes and assessments, fire and casualty insurance, homeowner
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association fees, and a reasonable allowance for utilities, or as defined in 25
California Code of Regulations Section 6920.
2. For a rental unit, allowable housing expenses include payments for rent and
a reasonable allowance for utilities, or as defined in 25 California Code of
Regulations Section 6918.
Should subsidized financing and other incentives from a public agency be
proposed and obtained, the monthly affordable rent shall be dictated by such
program or granting Agency. If no affordable rent is specified, affordable
monthly rents shall be established in accordance with Section 50053 of the
California Health and Safety Code.
C. AFFORDABLE HOUSING COSTS FOR OWNER OCCUPIED HOUSING
For ownership housing (for sale units), compliance with the affordable housing
requirements is determined by verifying that the sales price paid by the buyer
equates to a total housing costs that is considered affordable as defined
below.
To determine affordable housing costs, monthly “Housing Payments” includes
all actual or projected monthly payments for the following:
• Principal and interest on a mortgage loan, including rehabilitation
loans, at the time of initial purchase by the homebuyer;
• Allowances for property and mortgage loan insurance fees;
• Property taxes and assessments;
• A reasonable allowance for utilities (including garbage collection,
sewer, water, electricity, gas and other fuels but not to include
telephone service, cable TV or high speed modem) as defined by the
Federal Regulations for the Tenant Based Rental Assistance Program;
• Homeowners association fees; and
• Space rent, if the housing unit is on rented land.
Affordable monthly housing payments are not to exceed the following
calculations:
• Very Low Income:
50 percent (50%) of the Area Median Income (AMI) for San Diego County,
adjusted for household size appropriate for the unit, multiplied by 30 percent
(30%) and divided by 12.
• Low Income:
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80 percent (80%) of the Area Median Income (AMI) for San Diego County,
adjusted for household size appropriate for the unit, multiplied by 30 percent
(30%) and divided by 12.
• Moderate Income:
120 percent (120%) of the Area Median Income (AMI) for San Diego County,
adjusted for household size appropriate for the unit, multiplied by not more
than 35 percent (35%) and divided by 12.
Should subsidized financing and other incentives from a public agency be
proposed and obtained, the affordable monthly housing payment shall be
dictated by such program or granting Agency. If no affordable monthly housing
payment is specified, the affordable monthly housing payment shall be
established in accordance with Section 50052.5 of the California Health and
Safety Code.
C. UNDERWRITING REQUIREMENTS
To ensure the preservation of affordability of proposed low and moderate-
income housing and financial viability of program participants, the City shall
encourage the following policies consistent with the City’s adopted City
Council Policy 453-02:
Fixed rate mortgages only. No adjustable rate mortgages;
Affordable monthly housing payments no more than 33 38 percent of
household income (“Front End Ratio”). Total debt payments no more than 45
percent of household income (“Back End Ratio”).
No “teaser” rates; and,
No non-occupant co-borrowers.
D. RESALE PROVISIONS AFFORDABILITY TERM OF OWNER OCCUPIED HOUSING
In order to ensure the continued affordability of the units, resale of the owner
occupied units must be restricted for the required term of thirty (30) years.
After initial sale of the affordable units to a low-income household, all
subsequent buyers of such units must also be income eligible and the unity
must be sold at an affordable price. A developer may opt to have no income or
sales price restriction for subsequent buyers, provided however that After
initial sale of the affordable units to a low-
income household, all subsequent buyers of such
units must also be income eligible and the unity
must be sold at an affordable price. A developer
may opt to have no income or sales price
restriction for subsequent buyers, provided
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however that After initial sale of the
affordable units to a low-income household, all
subsequent buyers of such units must also be
income eligible and the unity must be sold at an
affordable price. A developer may opt to have no
income or sales price restriction for subsequent
buyers, provided however that After initial sale
of the affordable units to a low-income
household, all subsequent buyers of such units
must also be income eligible and the unity must
be sold at an affordable price. A developer may
opt to have no income or sales price restriction
for subsequent buyers, provided however that
After initial sale of the affordable units to a
low-income household, all subsequent buyers of
such units must also be income eligible and the
unity must be sold at an affordable price. A
developer may opt to have no income or sales
price restriction for subsequent buyers,
provided however that Consistent with City Council Policy 453-02,
restrictions to the satisfaction of the City will be recorded on the property
which will are in place that would result in the recapture by the City or its
designee of a financial interest in the units equal to the amount of subsidy
necessary to make the unit affordable to a low-income household and a
proportionate share of any equity. Funds recaptured by the City shall be used
to provide assistance to other identified affordable housing production or
contributions to a special needs housing project or program. To the extent
possible, projects using for-sale units to satisfy the obligations of developers
under the City’s Affordable Housing Program shall be designed to be
compatible with conventional mortgage financing programs including
secondary market requirements.
E. TERM OF AFFORDABILITY RESTRICTIONS
The term of the affordability restrictions shall be thirty years (30) years from
issuance of the Certificate of Occupancy for the first structure providing
income and rent restricted units, or the longest period of time if required by
the construction or mortgage financing assistance program, mortgage
insurance program, or other rental financing subsidy or
incentive/concession/waiver program from a public agency. Should subsidized
financing or other incentives from a public agency be proposed and obtained,
the length of time income and rent restrictions are to be maintained for an
affordable rental project shall be determined by such program or granting
agency. If more than one funding source is utilized the term of the
affordability restrictions shall be the longest required by any of the funding
sources. If no term of the affordability restrictions is specified, it shall be fifty-
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five (55) years from issuance of the Certificate of Occupancy for the first
structure providing income and rent restricted units. In the event that no
subsidized financing or other incentives from a public agency is obtained,
affordability restrictions shall remain in effect for twenty (20) years from the
date of issuance of the Certificate of Occupancy for the first structure in the
project. The term of affordability and resale restrictions for affordable for-sale
units are more appropriately described above in “Resale Provisions of Owner
Occupied Housing.” The he most restrictive term of the affordability shall
apply. The term of affordability and resale restrictions for affordable for-sale
units are more appropriately described above in “Resale Provisions of Owner
Occupied Housing.”
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IV. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS
Appendix “A” attached to this Affordable Housing Plan identifies some of the
potential subsidies, incentives, and financing mechanisms that may be used to
satisfy the FC-2 affordable housing obligation. The list contained in Appendix
“A” is not intended to limit the use of other subsidies, incentives and financing
mechanisms which are available now or may become available in the future.
The obligation to provide affordable housing shall not be dependent upon the
availability of such subsidies, incentives or financing mechanisms.
The City agrees to use its reasonable best efforts to assist the Developer in
pursuing the benefit of certain financing mechanisms, subsidies and other
incentives to facilitate provision of affordable housing for Montecito, including
those which require approvals from, or allocations by other agencies, to the
extent that such resources and programs for this purpose are available. These
mechanisms include, but are not limited to, local, state and federal subsidies
and City density bonuses, planning, and design and development techniques
and standards, and City fee waivers or deferrals which reduce the cost of
providing affordable housing (collectively, the “Cost Reducing Mechanisms”).
The parties acknowledge that the City is not hereby committing and cannot
guarantee the availability of any Cost Reducing Mechanisms to the Developer
for FC-2. The City reserves the right to approve, approve with conditions or
disapprove, in its sole discretion, any Developer request for subsidized
financing sponsored by the City.
The obligation to provide affordable housing shall not be dependent upon the
availability of subsidies, incentives or financing mechanisms. The City shall
consider providing incentives, assistance, and subsidies to those qualifying
projects and supporting any applications for assistance that requires approvals
from, or allocations by other agencies, to the extent feasible, in a manner that
offsets the cost of providing for affordable units. Offsets will be offered by the
City to the extent that resources and programs for this purpose are available
to the City and to the extent that the qualifying projects, with the use of the
offsets, assists in achieving the City's housing goals. To the degree such offsets
are available, the Developer may make application to the City.
The parties acknowledge that the City is not hereby committing, directly or
through implication, a right to receive any offsets from City or any other party
or agency to enable the Developer to meet the obligations and cannot
guarantee the availability of any Cost Reducing Mechanisms to the Developer
for Freeway Commercial North. The City reserves the right to approve,
approve with conditions or disapprove, in its sole discretion, any Developer
request for subsidized financing sponsored by the City.
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A. DENSITY BONUS
Projects that meet the applicable requirements of State law (Government
Code Section 65915) as a result of affordable housing units, are entitled to a
density bonus or other incentives in accordance with the provisions of such
law.
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V. COMPLIANCE REPORTING
The Compliance reports described below shall be submitted to the City of Chula
Vista Community Development Department. The requirements imposed by
providers of subsidized financing or other Cost Reducing mechanisms may
replace the terms described below at the sole discretion of the City.
A. RENTAL UNITS’ COMPLIANCE PACKET AND AUDIT
Should a Developer seek approval by the City to credit a tenant toward its
low and/or moderate income housing obligation, the Developer must give the
City, at a minimum, a report verifying compliance with the terms of this
document and/or the subsidizing financing program consisting of the
following:
• Supplemental Rental Application - Exhibit 1
• Semi-Annual Report – Exhibit 2A and 2B
• Authorization to Release Information
• Acknowledgement that the information is for the City’s Reporting
and Administration use only.
The Developer shall not be required to perform any extraordinary
investigation or verification regarding such information other than the
Developer’s usual and customary means of income verification. The methods
of income verification may vary based upon the nature of the income
reported by the tenant, and may include employment verification, copies of
recent paycheck stubs, evidence of social security or other government
payments, or copies of tax returns. The Developer shall retain the
Supplemental Rental Application and any supporting documents for a period
of at least three (3) years after the applicant ceases to occupy a low and/or
moderate income housing unit.
A household occupying a designated low and/or moderate income unit whose
annual income increases subsequent to occupying said unit (referred to as
“over income household”) and thus exceeds the 80% of area median income
for low income households or 120% of area median income for moderate
income households, need not vacate the apartment. However, at the
Developer’s discretion, this over income household’s monthly rent (including
utilities) may be increased to the market rate. Regardless of a rent increase,
the Developer can no longer credit this over income household towards its
5% low income requirement and is obligated to replace this unit by renting
the next comparable unit to a low income household as per the paragraph
below. Thus, the Developer shall provide income information biannually and
acknowledge that should its income increase, the household may be subject
to a higher rent. Adjusted monthly incomes can be calculated using rules
according to the HUD Handbook 4350/3 Occupancy Requirements for HUD
Subsidized Multifamily Housing.
The location of the designated units may change over time (to be referred to
as “floating units”) as long as the total number of affordable units remains
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constant and that substituted units are comparable in terms of size, features,
and the number of bedrooms, as determined by the Director of the
Community Development Department. If the over income household does
not vacate the unit, the Developer must assure that when the next comparable
apartment becomes vacant, the newly available unit must be rented to a low
income household, as a floating unit, to replace the previously designated
unit no longer housing a low and/or moderate income household. If the over
income household chooses to leave, the vacated unit retains its low income
unit designation. If a residential apartment complex is designated as 100%
low and/or moderate income, the over income household will not be required
to vacate, if it pays the increased rent, and the unit will not be replaced with a
“floating unit.” When the over income household vacates the unit, the unit
retains its low income unit designation.
If the City determines that an outside audit is necessary to verify the accuracy
of the submitted rent roll, then on a basis no more frequently than once a
year, it may require such an audit at the expense of the Developer. In such an
event, within ten (10) days after delivery of the City’s written request for
such outside audit, the Developer shall deliver to the City the name of three
(3) certified public accountants doing business in the Metropolitan San Diego
area. The City will promptly deliver to the Developer notice of approval by
the City of one or more of said names.
The audit shall be completed by an approved certified public accountant, at
the Developer’s sole cost and expense, within sixty (60) days after the
delivery to the Developer of the City’s approval. The certified public
accountant shall promptly deliver a copy of the written audit to the City.
Such audit shall be an audit of the Developer’s records, including the
information supplied to the Developer by the low income tenants. The
auditor shall not be required to verify the accuracy of the information
provided by the low-income tenants.
B. HOME OWNERSHIP UNITS’ COMPLIANCE PACKET
Should the Developer seek approval by the City to credit a home
purchase toward its low and/or moderate income housing obligation,
the Developer must give the City, at a minimum, a compliance packet
including the following:
• Copy of Settlement Sheet
• Final 1003
• Final Uniform Underwriting Transmittal Summary
• Good Faith Estimate
• Authorization to Release Information by Purchaser
• Annual Certification of Homebuyer to include a copy of tax
information and copy of phone or other utility bill
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• Acknowledgement that the information is for the City’s
Reporting and Administration use only
Verification of low and/or moderate-income buyer is to be completed
by the Developer on behalf of the City. The Developer shall not be
required to perform any extraordinary investigation or verification
regarding such information other than the Developer’s usual and
customary means of income identification. The methods used to verify
income will vary depending upon the nature of sources of income
reported by the buyer, but may include employment verification,
review of recent paycheck stubs, government or social security
payments, or a review of recent tax returns.
The Developer may contact the City’s Community Development
Housing Division’s Housing Coordinator to confirm the City’s
acceptance of the applicant as credit toward the Developer’s low
and/or moderate income housing unit obligation. The Developer may
contact the City prior to the sale of the unit for consultation purposes if
desired; however, approval will be given in writing only after the
required documents are reviewed and accepted by the City.
Terms related to occupancy and affordability restrictions shall be recorded as a
separate deed restriction or regulatory agreement on the property designated
for the affordable units and shall bind all future owners and successors in
interest for the term of years specified therein. The City shall monitor affordable
units for compliance with those terms and conditions of all relevant Affordable
Housing Agreements or other restrictions. The Developer shall submit
compliance reports in the frequency and manner prescribed by the City of Chula
Vista Development Services Department.
VI. AFFIRMATIVE MARKETING PLAN
The Developer shall provide a marketing plan acceptable to the City, in the
City's reasonable discretion, for proactively marketing the low and moderate
income housing units to low and moderate income tenants and purchasers.
Developer shall use good faith and reasonable best efforts to market the low
and moderate income housing units to low and moderate income tenants and
purchasers according to the affirmative marketing plan. (See Exhibit 4, “City
Requirements for Affirmative Action Plan.”) The City will use good faith and
reasonable best efforts to assist the Developer in marketing low and moderate
income housing units to low and moderate income tenants and purchasers
obtaining the services of a third-party organization in connection with such
marketing efforts, processing the applications of prospective tenants and
purchasers of low and moderate income housing units, and complying with
the reporting requirements as required herein.
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VII. IMPLEMENTING AGREEMENTS AND CONDITIONS
This AHP may be implemented through various mechanisms including
development agreements, tentative map conditions, and specific housing
project agreements that may impose additional terms and conditions
consistent herewith.
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VIII. DEFINITIONS
Affirmative Marketing Plan:
An outline that details actions the Developer will take to provide information
and otherwise attract eligible persons in the housing market area to the
available housing without regard to race, sex, sexual orientation, marital
status, familiar status, color, religion, national origin, ancestry, handicap, age,
or any other category which may be defined by the law now or in the future.
Low Income Household:
A household of persons who claim primary residency at the same unit with
combined incomes that are greater than 50%, but not more than 80% of the
Area Median Income for the San Diego area based on household size as
determined annually by the U.S. Department of Housing and Urban
Development (HUD). Household size is calculated by the number of persons
residing at the same unit as their primary residency.
Moderate Income Household:
A household of persons who claim primary residency at the same unit with
combined incomes between 80% to 120% of the Area Median Income for the
San Diego area based on household size as determined annually by the U.S.
Department of Housing and Urban Development (HUD). Household size is
calculated by the number of persons residing at the same unit as their primary
residency.
San Diego Area Median Income:
The San Diego County area median income level as determined from time to
time by HUD, based on household size.
Subsidized Financing:
Any financing provided by any public agency specifically for the development
and construction of low or moderate income housing units, including but not
limited to the following:
Low Income Housing Tax Credits (LIHTC) – statewide competition;
Housing Bonds – State;
Housing Bonds – City of Chula Vista;
Redevelopment Low and Moderate-income Housing Fund – Redevelopment
Agency;
HOME – City of Chula Vista and County of San Diego;
Community Development Block Grants – City of Chula Vista; and,
Other Public Financing – State and Federal.
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EXHIBIT 1A
Supplemental Rental Application
The rental unit for which you are applying has received governmental assistance under programs to
encourage more affordable housing. As a result, the unit carries a rent level restriction and is
restricted to occupancy by low and moderate income households.
The information required on this form is necessary to determine your income eligibility to occupy
the unit. You must report all household income. Information provided will be confidential and not
subject to public disclosure pursuant to State Government Code Section 6254(n).
Rental Unit Address__________________________________________
Applicant Name______________________________________________
Other Household Members______________________________________
Total Current Annual Household Income from all Sources Including Asset:
TOTAL $__________
Detail:
Household Member____________Income____________Source________
Total Gross Annual Household Income shown on most recent Federal Tax Return from Previous
Calendar Year (Attach copies of most recent Federal Tax returns from previous calendar year for all
household members receiving income. Include other verification of income not appearing on tax
forms).
$________________
Monthly Rental Rate $____________
Number of Bedrooms_____________
EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
Exhibit _-1
Insert Name Apartments
Supplemental Application
Insert Name Apartments offers apartments located at Insert Address . The units consist of 1, 2
and 3 bedroom units.
For more information about Insert Name Apartments, the units, floorplans, etc, please stop
by the Rental Office at ___________________________________, Chula Vista, CA 9191 .
The purpose of this program is to provide affordable rental opportunities for low-income
households and to ensure that City of Chula Vista meet the goals set fort h in the City’s Housing
Element and HUD approved Consolidated Plan.
The City of Chula Vista and Insert Ownership Name welcomes your interest in Insert Name
Apartments and requests that you read this information in its entirety. It is very important that
you understand ALL of the program requirements. Once you agree to rent an affordable unit you
are bound by all of the requirements.
AFFORDABLE HOUSING UNITS
In order to qualify to rent an Affordable Housing Unit, applicants must meet ALL of the
requirements outlined within this document.
Income restrictions apply. Please refer to the chart below for the MAXIMUM gross income
based upon household size, which is defined as the total number of people residing within the
household. You must be able to provide evidence that the people you list as household
occupants will reside in the affordable unit. Gross income is the total amount of income earned
by all persons, over the age of 18, within the household before all standard withdrawals
(including federal tax, state tax, social security, etc.)
Affordable Unit Restrictions
The restrictions set forth in the Table below shall establish the maximum rental rate, which shall
be adjusted for family size appropriate for the Affordable Unit, from which a utility allowance as
approved by the City Manager shall be deducted. The family size appropriate for the Affordable
Unit for purposes of establishing the maximum rental rate shall be calculated at one person per
bedroom plus one.
EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
Exhibit _-2
TABLE OF RENT AND INCOME RESTRICTION CRITERIA
UNIT TYPE MAXIMUM MONTHLY
RENTS
MAXIMUM INCOME OF
ELIGIBLE TENANTS
1-Bedroom 1/12th of 30% of 50% of AMI 50% of AMI
1-Bedroom 1/12th of 30% of 60% of AMI 60% of AMI
2-Bedroom 1/12th of 30% of 50% of AMI 50% of AMI
2-Bedroom 1/12th of 30% of 60% of AMI 60% of AMI
3-Bedroom 1/12th of 30% of 50% of AMI 50% of AMI
3-Bedroom 1/12th of 30% of 60% of AMI 60% of AMI
“Eligible Tenants” are those tenants: (i) whose aggregate gross annual income does not exceed
the respective percentages set forth in the Table of Rent and Income Restriction Criteria set forth
in Section 1(a), above, as adjusted for family size; and (ii) who own no interests in real property
other than a timeshare which may be used for a maximum of one month per year. For purposes
of this Declaration, the current annual area median income shall be the area median income
defined by HUD as the then current area median income for the San Diego -Carlsbad-San Marcos
Metropolitan Statistical Area, established periodically by HUD and published in the Federal
Register, as adjusted for family size. The rents and the occupancy restrictions shall be deemed
adjusted, from time to time, in accordance with any adjustments that are authorized by HUD or
any successor agency. In the event HUD ceases to publish an established area median income as
aforesaid, Lender may, in its sole discretion, use any other reasonably comparable method of
computing adjustments in area median income. Notwithstanding anything contained herein to
the contrary, to the extent any other restrictions applicable to the Property limit the rent and/or
occupancy of the Property, the most restrictive shall apply.
EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
Exhibit _-3
ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS
RENT SELECTION CRITERIA
[Insert if Applicable]
The Property Management Company will use the following criteria in order to determine priority
for rental of an Affordable Unit. A point system has been established so that applicants with a
higher number of points will receive preference for units.
[Insert Point System if Applicable]
EXHIBIT 1A
CITY/HA SUPPLEMENTAL RENTAL APPLICATION
Exhibit _-4
AFFORDABLE HOUSING RESTRICTIONS
APPLICATION REVIEW PROCESS
Applicants will be contacted by the rental office staff via U.S. mail acknowledging
receipt of complete application and supporting documentation. The property manager
and the City will review all applications to determine eligibility.
Eligible applications will be forwarded to _____________ to be reviewed for eligibility.
Please be advised that your financial information will be reviewed for two different
purposes:
To determine that your household annual income does NOT exceed the maximum
allowed by the City of Chula Vista for the Affordable Housing. ALL income will
be considered for all persons living in the home who are 18 years or older, even if
the income is not taxable income.
To determine if your income, employment history and credit rating are sufficient
to qualify for a rental.
Before you submit your complete application and supporting documentation please ask
yourself the following questions. Do you:
Meet ALL the program requirements?
Have a good credit rating?
Have stable income?
If you have answered yes to ALL the above questions………
Fill out the attached application and submit it plus ALL required documentation and MAIL to:
ATTN: Insert Ownership Name, LP
Insert Name Apartments
_____________________
_____________________
EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
Exhibit __-5
AFFORDABLE HOUSING UNIT APPLICATION
(1) APPLICANT #1
Name Social Security Number Age
Address City State Zip Code
Employer Name and Address Position/Title
Home Phone Work Phone
Marital Status: Single Divorced Married
Gender: _______________
2) APPLICANT #2
Name Social Security Number Age
Address City State Zip Code
Employer Name and Address Position/Title
Home Phone Work Phone
Marital Status: Single Divorced Married
Gender: _______________
EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
Exhibit __-6
HOUSEHOLD INFORMATION:
List ALL household members Including Applicant(s) that will reside in the Affordable Housing
Unit. Attach proof of this information.
Total # of persons in Household ______ Total yearly Household Income $ _____________
Total Household Assets $________________
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
______
Name Age Relationship to Applicant
EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
Exhibit __-7
RENTER SELECTION CRITERIA INFORMATION:
Selection of Tenants: Absent a Master List described above, selection of tenants shall be made
randomly by lottery within the following levels of priority, subject in all circumstances to
applicable limitations imposed by law, including, without limitation, the Fair Housing Act under
Federal law:
If you respond YES to any of the questions below, you MUST provide written evidence with
your application satisfactory to the City of Chula Vista or you may not receive all eligible
points.
1) Did you have to leave your most recent PRIMARY residence due to either:
Being displaced from your primary residence as a result of an action of City or
Agency, a condominium conversion involving the household’s residence,
expiration of affordable housing covenants applicable to such residence, or
closure of a mobile home or trailer park community in which the household’s
residence was located, and the household resided in such housing as the
household’s primary place of residence for at least two years prior to such action
or event.
Yes No
How long has this home been your primary residence?
2+ years 1 year Less than 1 year
2) Does your Household meet one of the following criteria: (i) households
which are displaced from their primary residence as a result of an action of City or
Agency, a condominium conversion involving the household’s residence, expiration
of affordable housing covenants applicable to such residence, o r closure of a mobile
home or trailer park community in which the household’s residence was located,
and the household resided in such housing as the household’s primary place of
residence for at least one year but less than two years prior to such action or event;
(ii) households with at least one member who resides within the City, as that
person’s primary place of residence; (iii) households with at least one member who
works or has been hired to work within the City, as that person’s principal place of
full-time employment; or (iv) households with at least one member who is expected
to live within the City as a result of a bona fide offer of employment within the City.
Yes No
EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
Exhibit __-8
No discrimination herein may be used for the purpose or effect of delaying or otherwise
denying admission to the Property or unit based on the race, color, ethnic origin, gender,
religion, disability, or age of any member of the applicant.
AFFORDABLE HOUSING APPLICATION CHECKLIST
This checklist contains a list of documents that you are REQUIRED to submit, along with the
completed Application as part of the application review process. Please review the list carefully
and include COPIES of all documents that you are submitting. If there are any documents listed
that you do not believe you are required to submit please indicate N/A and state the reason why
the information is not attached. You must attach this signed checklist as part of your application
packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE
CONSIDERED.
Two months of most current and consecutive bank/investment/retirement statements for
ALL accounts (all pages)
Most recent paycheck stubs covering a 30-day period for each borrower
Most recent one (1) year W-2s and/or 1099s for each borrower
Most recent one (1) year Federal Tax Returns for each borrower (all schedules)
Complete divorce decree(s) with all attachments, if applicable
Complete bankruptcy papers with all schedules and discharge papers for bankruptcies
within the last 7 years, if applicable
Copy of Resident Alien Card, front and back, if applicable or other appropriate proof of
legal U.S. residency
If you are self-employed, also provide the following:
Most recent three (3) years tax returns and copies of 1040s, W-2s, 1099s and/or K-1s for
each borrower
Limited or General Partnership returns (if ownership interest is 25% or greater)-copies of
form 1065
Sub Chapter S Corporation returns (if ownership interest is 25% or greater)-copies of
form 1120 S
U.S. Corporation returns (if ownership interest is 25% or greater)- copies of form 1120
YTD Profit and Loss Statement (in some cases this may need to be audited)
EXHIBIT 1A
SAMPLE SUPPLEMENTAL RENTAL APPLICATION
Exhibit __-9
AFFORDABLE HOUSING UNIT AFFIDAVIT
By signing below each applicant makes the following certifications:
I understand and agree with the answers I have provided, and do furthermore certify the
following:
1. That those people who I expect to share occupancy of the Residence with me are listed
under the Household Information section of the Application.
2. That my spouse is an Applicant for the Program and must sign this Application.
3. That I will submit true and complete copies of all requested documentation.
4. That the Residence will be occupied and used as my principal place of residence.
5. That my income does not exceed the program income limits.
AFFORDABLE HOUSING UNIT CERTIFICATION
I acknowledge and understand that this Affidavit, as completed above, will be relied on for
determining my eligibility for An Affordable Housing Unit. I acknowledge that a material
misstatement negligently made by me in this Affidavit or in any other connection with my
Application for an Affordable Housing Unit will constitute a violation punishable by a fine and
possible criminal penalties imposed by law, and will result in the cancellation or revocati on of
the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of
any instrument, facility, article, or other valuable thing or service pursuant to my participation in
the Program is punishable by fine.
RENTER DATE
RENTER DATE
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EXHIBIT 1B
Applicant’s Statement
I certify under penalty of perjury that the following information is true and correct to the best of my
knowledge. I understand that any misrepresentation of the information contained herein may be
cause for eviction.
Signature______________________________________
Date_________________________________________
Owner’s Statement
Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to
occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the
applicant’s household’s current annual income is $_________ and does not exceed current
maximum household income of $__________ allowed under the terms of a Development
Agreement with the City of Chula Vista regarding this residential rental development.
Name:________________________________________
Title:_________________________________________
Signature:_____________________________________
Date:_________________________________________
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EXHIBIT 2A
Semi-annual Report
Owner’s Certification
I am the owner or owner’s representative for an affordable housing development in the City of
Chula Vista which is bound by a Housing Agreement with the City.
I certify under penalty of perjury that the attached rent roll for affordable units at my project is true
and correct to the best of my knowledge and complies with the terms and conditions stipulated in
the Affordable Housing Agreement, or any agreements that implements the same, with the City of
Chula Vista.
Name:____________________________
Title:_____________________________
Signature: ___________________________Date:___________________
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EXHIBIT 2B
Semi-Annual Affordable Housing Monitoring Report
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Page 1 of 2
EXHIBIT 2B
Semi-Annual Affordable Housing Monitoring Report
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Page 2 of 2
EXHIBIT 3
Homebuyer’s Qualifying Form
Buyer’s Name:
Current Address:
Household Size:
Household Income:
Master Plan Community:
Tract:
Lot #
Lot Address:
# Bedrooms:
Purchase Price 3:
Monthly PITI Payment:
% of Income:
Year of Purchase:
Signature Authorizing Release to City:
Sales Representative:
Submitted to City on:
Note: This information is for the City’s Reporting and Administrative Use Only.
3 The sales price of any unit being sold in partial satisfaction of Developer’s obligation to
provide moderate income housing shall not exceed the affordable housing costs for owner
occupied housing as defined within the Affordable Housing Program for the master plan
community.
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EXHIBIT 4
City Requirements for Affirmative Marketing Plan
Every Developer complying with the City of Chula Vista’s Housing Element’s “Affordable Housing
Plan” shall submit to the City and Affirmative Marketing Plan for City Review and Approval which
details actions the Developer will take to provide information and otherwise attract eligible persons
in the housing market area to the available housing without regard to race, sex, sexual orientation,
marital status, familiar status, color, religion, national origin, ancestry, handicap, age, or any other
category which may be defined by the law now or in the future.
I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please
note, however, the Plan is not limited to the Requirements.
(i) Detail methods for informing the public, buyers and potential tenants about
Federal fair housing laws and the City of Chula Vista’s affirmative marketing
policy;
(ii) Publicize to minority persons the availability of housing opportunities
through the type of media customarily utilized by the applicant, including
minority outlets which are available in the housing market area;
(iii) Identify by language and by number any significant number of persons in a
community within the housing market area who have limited fluency in the
English language;
(iv) Where there is a significant number of persons in a community within the
housing market area who have limited fluency in the English language, the
Plan shall:
(a) Identify the media most likely to reach such persons.
(b) Advertise for the housing development in the native language of such
persons, in addition to the English language, and
(c) Describe the provisions which the housing sponsor will make for
handling inquiries by and negotiations with such persons for the rental
or sale of units in the development.
(d) Detail procedures to be used by the Developer and/or property manager
to inform and solicit applications from persons in the housing market
area who are not likely to apply for the housing without special outreach
(e.g., use of community organizations, places of worship, employment
centers, fair housing groups, or housing counseling agencies).
II. Records must be kept describing actions taken by the Developer and/or property
managers to affirmatively market units and records to assess the results of these
actions:
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(i) The records shall include a copy or transcript of the advertisement copy, the
identity of the media in which it was disseminated, and the date(s) of each
appearance. The housing sponsor shall also keep a record of the dates and
places of any meetings or communications between the housing sponsor
and any individual or group referred to the housing sponsor by the agency
or organizations representing any of the groups within the community
acting on behalf of any classification of minority persons described above.
Such records shall be retained for a period of five years;
(ii) A description of how the Developer and/or property managers will annually
assess the success of affirmative marketing actions and what corrective
actions will be taken where affirmative marketing requirements are not
met; and
(iii) The Developer/property manager shall furnish all information and reports
required hereunder and will permit access to its books, records and
accounts by the City of Chula Vista, HUD or its agent, or other authorized
Federal and State officials for purposes of investigation to ascertain
compliance with the rules, regulations and provisions stated herein.
III. The City of Chula Vista may from time to time review the Plan and the Developer’s
and property manager’s activities pursuant to the Plan and may require
amendments to the Plan if it does not fully comply with the requirements of this
section.
IV. An affirmative marketing program shall be in effect for the duration of the
Qualified Term defined in the Affordable Housing Agreement
V. If a source of funding uses in a low/moderate income housing development, such
as federal or state funds, has affirmative marketing requirements more restrictive
than the City of Chula Vista’s affirmative marketing requirements, then the more
restrictive applies.